LRB-3593/1
MGD:cjs:jf
2005 - 2006 LEGISLATURE
November 29, 2005 - Introduced by Representative Schneider. Referred to
Committee on Judiciary.
AB846,1,2
1An Act to create 943.29 of the statutes;
relating to: fuel price gouging and
2providing a penalty.
Analysis by the Legislative Reference Bureau
This bill prohibits a retail or wholesale seller of petroleum-based fuel (such as
gasoline, diesel fuel, propane, or liquefied petroleum gas) from increasing the fuel's
price by more than the amount of any increase in the price that the person paid in
acquiring the fuel or by more than the amount of any concurrent increase in the
person's production, distribution, or operating costs. A person who violates this
prohibition may be fined not more than $25,000, sentenced to a term of imprisonment
of not more than 12.5 years (which, if the sentence is for more than one year, includes
a term of confinement and a term of extended supervision), or both.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB846, s. 1
3Section
1. 943.29 of the statutes is created to read:
AB846,2,3
1943.29 Fuel price gouging. (1) In this section, "fuel" means gasoline, diesel
2fuel, fuel oil, kerosene, propane, liquefied petroleum gas, or any other
3petroleum-based product that is used for heating or providing power.
AB846,2,5
4(2) Any person engaged in the business of selling fuel at retail or wholesale who
5intentionally does any of the following is guilty of a Class F felony:
AB846,2,76
(a) Increases the price of the fuel by an amount that exceeds any concurrent
7increase in the price paid by the person to acquire the fuel.
AB846,2,108
(b) Increases the price of the fuel by an amount that exceeds any concurrent
9increase in production, distribution, or operating costs that are incurred by the
10person and that are related to the fuel being sold.
